« EelmineJätka »
Interest to be
Appendix Entry or Memorial thereof to be made in the same Manner as in the
No. 5. Case of the original Mortgage ; and after such Entry every such Trans- 8 Vic. c. 16. fer shall entitle the Transferee to the full Benefit of the original Mortgage or Bond in all respects; and no Party, having made such Transfer, shall have Power to make void, release, or discharge the Mortgage or Bond so transferred, or any Money thereby secured ; and for such Entry the Company may demand a Sum not exceeding the prescribed Sum, or, where no Sum shall be prescribed, the Sum of Two Shillings and Sixpence; and until such Entry the Company shall not be in any Manner responsible to the Transferee in respect of such Mortgage.
XLVIII. The Interest of the Money borrowed upon any such Mort- Payment of gage or Bond shall be paid at the Periods appointed in such Mortgage Monies boror Bond, and if no Period be appointed, half-yearly, to the several Parties entitled thereto, and in preference to any Dividends payable to the Shareholders of the Company.
XLIX. The Interest on any such Mortgage or Bond shall not be Transfers of transferable, except by Deed duly stamped.
stamped. L. The Company may, if they think proper, fix a Period for the Repayment of Repayment of the Principal Money so borrowed, with the Interest at a Time fixed, thereof, and in such case the Company shall cause such Period to be inserted in the Mortgage Deed or Bond; and upon the Expiration of such Period the Principal Sum, together with the Arrears of Interest thereon, shall, on Demand, be paid to the Party entitled to such Mortgage or Bond; and if no other Place of Payment be inserted in such Mortgage Deed or Bond, such Principal and Interest shall be payable at the principal Office or Place of Business of the Company.
LI. If no Time be fixed in the Mortgage Deed or Bond for the Re- Repayment of payment of the Money so borrowed, the Party entitled to the Mortgage where no Time or Bond may, at the Expiration or at any Time after the Expiration of Twelve Months from the Date of such Mortgage or Bond, demand Payment of the Principal Money thereby secured, with all Arrears of Interest, upon giving Six Months previous Notice for that Purpose ; and in the like Case the Company may at any Time pay off the Money borrowed, on giving the like Notice ; and every such Notice shall be in Writing or Print, or both, and if given by a Mortgagee or Bond Creditor shall be delivered to the Secretary or left at the principal Office of the Company, and if given by the Company shall be given either personally to such Mortgagee or Bond Creditor or left at his Residence, or if such Mortgagee or Bond Creditor be unknown to the Directors, or cannot be found after diligent Inquiry, such Notice shall be given by Advertisement in the London or Dublin Gazette, according as the principal Office of the Company shall be in England or Ireland, and in some Newspaper as after mentioned.
LII. If the Company shall have given Notice of their Intention to 8 Vic. c. 16. pay off any such Mortgage or Bond at a Time when the same may Interest to cease lawfully be paid off by them, then at the Expiration of such Notice Notice to pay off all further Interest shall cease to be payable on such Mortgage or Bond, Mortgage or
unless, on Demand of Payment made pursuant to such Notice, or at any Time thereafter, the Company shall fail to pay the Principal and Interest due at the Expiration of such Notice on such Mortgage or Bond.
LIII. Where by the special Act the Mortgagees of the Company Arrears of Interest, when to shall be empowered to enforce the Payment of the Arrears of Interest, Appointment of or the Arrears of Principal and Interest, due on such Mortgages, by
the Appointment of a Receiver, then, if within Thirty Days after the Interest accruing upon any such Mortgage has become payable, and after Demand thereof in Writing, the same be not paid, the Mortgagee may, without Prejudice to his Right to sue for the Interest so in arrear in any of the Superior Courts of Law or Equity, require the
Appointment of a Receiver, by an Application to be made as hereinArrears of Principal and In- after provided ; and if within Six Months after the Principal Money
owing upon any such Mortgage has become payable, and after Demand thereof in Writing, the same be not paid, the Mortgagee, without Prejudice to his Right to sue for such Principal Money, together with all Arrears of Interest, in any of the Superior Courts of Law or Equity, may, if his Debt amount to the prescribed Sum, alone, or if his Debt does not amount to the prescribed Sum he may, in conjunction with other Mortgagees whose Debts, being so in arrear, after Demand as aforesaid, shall, together with his, amount to the prescribed Sum, require the Appointment of a Receiver, by an Application to be made as herein-after provided.
LIV. Every Application for a Receiver in the Cases aforesaid shall Appointment of be made to Two Justices, and on any such Application it shall be Receiver.
lawful for such Justices, by Order in Writing, after hearing the Parties, to appoint some Person to receive the whole or a competent Part of the Tolls or Sums liable to the Payment of such Interest, or such Principal and Interest, as the Case may be, until such Interest, or until such Principal and Interest, as the Case may be, together with all Costs, including the Charges of receiving the Tolls or Sums aforesaid, be fully paid ; and upon such Appointment being made all such Tolls and Sums of Money as aforesaid shall be paid to and received by the Person so to be appointed ; and the Money so to be received shall be so much Money received by or to the Use of the Party to whom such Interest, or such Principal and Interest, as the Case may be, shall be then due, and on whose Behalf such Receiver shall have been appointed ; and after such Interest and Costs, or such Principal Interest, and Costs, have been so received, the Power of such Receiver shall cease.
Appendix LV. At all seasonable Times the Books of Account of the Company No. 5. shall be open to the Inspection of the respective Mortgagees and Bond 8 Vic. c. 16. Creditors thereof, with Liberty to take Extracts therefrom, without Access to ac
count Books by Fee or Reward.
Officers to account, on Demand
AccountAnd with respect to the Accountability of the Officers of the Com
ability of pany, be it enacted as follows :
Officers. CIX. Before any Person intrusted with the Custody or Control of Security to be Monies, whether Treasurer, Collector, or other Officer of the Com- Officers intrusted
with Money. pany, shall enter upon his Office, the Directors shall take sufficient Security from him for the faithful Execution of his Office.
CX. Every Officer employed by the Company shall from Time to Time, when required by the Directors, make out and deliver to them, or to any Person appointed by them for that Purpose, a true and perfect Account in Writing under his Hand of all Monies received by him on behalf of the Company; and such Account shall state how, and to whom, and for what Purpose such Monies shall have been disposed of; and, together with such Account, such Officer shall deliver the Vouchers and Receipts for such Payments ; and every such Officer shall pay to the Directors, or to any Person appointed by them to receive the same, all Monies which shall appear to be owing from him upon the Balance of such Accounts.
CXI. If any such Officer fail to render such Account, or to produce Summary Reand deliver up all the Vouchers and Receipts relating to the same in Parties failing his Possession or Power, or to pay the Balance thereof, when thereunto required, or if for Three Days after being thereunto required he fail to deliver up to the Directors, or to any Person appointed by them to receive the same, all Papers and Writings, Property, Effects, Matters, and Things, in his Possession or Power, relating to the Execution of this or the special Act, or any Act incorporated therewith, or belonging to the Company, then, on Complaint thereof being made to a Justice, such Justice shall summon such Officer to appear before Two or more Justices at a Time and Place to be set forth in such Summons, to answer such Charge; and upon the Appearance of such Officer, or in his Absence upon Proof that such Summons was personally served upon him, or left at his last known Place of Abode, such Justices may hear and determine the Matter in a summary Way, and may adjust and declare the Balance owing by such Officer; and if it appear, either upon Confession of such Officer, or upon Evidence, or upon Inspection of the Account, that any Monies of the Company are in the Hands of such Officer, or owing by him to the Company, such Justices may order such Officer to pay the same, and if he fail to pay the Amount it shall
be lawful for such Justices to grant a Warrant to levy the same by 8 Vic. c. 16. Distress, or, in default thereof, to commit the Offender to Gaol, there
to remain without Bail for a Period not exceeding Three Months, un
less the same be sooner paid. Officers refusing to deliver
CXII. If any such Officer refuse to make out such Account in up Documents, Writing, or to produce and deliver to the Justices the several Vouchers prisoned. and Receipts relating thereto, or to deliver up any Books, Papers, or
Writings, Property, Effects, Matters, or Things, in his Possession or Power, belonging to the Company, such Justices may lawfully commit such Offender to Gaol, there to remain until he shall have delivered up all the Vouchers and Receipts, if any, in his Possession or Power, relating to such Accounts, and have delivered up all Books, Papers, Writings, Property, Effects, Matters, and Things, if any, in his Pos
session or Power, belonging to the Company. Where Officer about to abscond
CXIII. Provided always, That if any Director or other Person actbe the
Warrant may ing on behalf of the Company shall make Oath that he has good Reafirst instance. son to believe, upon Grounds to be stated in his Deposition, and does
believe, that it is the Intention of any such Officer as aforesaid to abscond, it shall be lawful for the Justice before whom the Complaint is made, instead of issuing his Summons, to issue his Warrant for the bringing such Officer before such Two Justices as aforesaid ; but no Person executing such Warrant shall keep such Officer in Custody longer than Twenty-four Hours without bringing him before some Justice; and it shall be lawful for the Justice before whom such Officer may be brought, either to discharge such Officer, if he think there is no sufficient Ground for his Detention, or to order such Officer to be detained in Custody, so as to be brought before Two Justices, at a Time and Place to be named in such Order, unless such Officer give Bail to the Satisfaction of such Justice for his Appearance before such
to answer the Complaint of the Company. Sureties not to CXIV. No such Proceeding against or Dealing with any such be discharged.
Officer as aforesaid shall deprive the Company of any Remedy which they might otherwise have against such Officer, or any Surety of such Officer.
Power to make
And with respect to the making of Byelaws, be it enacted as follows:
CXXIV. It shall be lawful for the Company from Time to Time to make such Byelaws as they think fit, for the Purpose of regulating the Conduct of the Officers and Servants of the Company, and for providing for the due Management of the Affairs of the Company in all respects whatsoever, and from Time to Time to alter or repeal any
Appendix such Byelaws, and make others, provided such Byelaws be not repug- No. 5. nant to the Laws of the Part of the United Kingdom where the same 8 Vic. c. 16. are to have effect, or to the Provisions of this or the special Act; and such Byelaws shall be reduced into Writing, and shall have affixed thereto the Common Seal of the Company ; and a Copy of such Byelaws shall be given to every Officer and Servant of the Company affected thereby CXXV. It shall be lawful for the Company, by such Byelaws, to Fines
of such Byelaws. impose such reasonable Penalties upon all Persons, being Officers or Servants of the Company, offending against such Byelaws, as the Company think fit, not exceeding Five Pounds for any One Offence.
CXXVI. All the Byelaws to be made by the Company shall be so Byelaws to be framed as to allow the Justice before whom any Penalty imposed that Penalties thereby may be sought to be recovered to order a Part only of such gated. Penalty to be paid, if such Justice shall think fit. CXXVII. The Production of a written or printed Copy of the Bye- Evidence of
Byelaws. laws of the Company, having the Common Seal of the Company affixed thereto, shall be sufficient Evidence of such Byelaws in all Cases of Prosecution under the same. (a.)
Recovery of And with respect to the Recovery of Damages not specially provided Damages
and for, and Penalties, be it enacted as follows:
Penalties. CXLII. In all Cases where any Damages, Costs, or Expenses are by Provision for this or the special Act, or any Act incorporated therewith, directed to otherwise
provided for. be paid, and the Method of ascertaining the Amount or enforcing the Payment thereof is not provided for, such Amount, in case of Dispute, shall be ascertained and determined by Two Justices; and if the Amount so ascertained be not paid by the Company or other Party liable to pay the same within Seven Days after Demand, the Amount may be recovered by Distress of the Goods of the Company or other Party liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or either of them, on Application, shall issue their or his Warrant accordingly.
CXLIII. If sufficient Goods of the Company cannot be found where- Distress against on to levy any such Damages, Costs, or Expenses payable by the Com- the Treasurer. pany, the same may, if the Amount thereof do not exceed Twenty Pounds, be recovered by Distress of the Goods of the Treasurer of the
(a.) See seetion 115 of the Public Health Act incorporated by section 25 of the Local Act, ante page 39 as to how Byelaws under the Local Act are to be made or authenticated. The Byelaws made under these clauses as incorporated with the Labouring Classes Lodging Houses Act, will be regulated by the clauses of this Companies' Clauses Consolidation Act, but as to the Public Baths Act, see notes to sections 23 and 30, ante, appendix, pages 205 and 206.